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2025 Supreme(Online)(Cal) 3113

CALCUTTA HIGH COURT
Subhendu Samanta, J
Debabrata Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Petitioners: Mr. Debjani Ghosh, Ms. Nafisa Yasmin, Ms. Deblina Banerjee
For the Respondents: Mr. Biswanath Chaterjee, Mr. Sobhan Kumar Pathak

Table of Content
1. property leased with stipulations for building construction (Para 1 , 4)
2. lease agreement details and stipulations. (Para 2 , 3)
3. probate and bequeathal of leasehold rights. (Para 5)
4. invalid resumption notice due to lessee's death (Para 6 , 7)
5. arguments regarding improper notice. (Para 8 , 9)
6. court's observations on lease conditions and government action. (Para 11 , 13)
7. requirement for notice compliance in lease agreements (Para 12 , 14)
8. court's action to quash illegal government resolution (Para 16 , 18)
9. final directions to the authorities. (Para 17)

Reserved on : 23.04.2025 Judgment on : 10.07.2025 Subhendu Samanta, J.

1. Plot No.1 in Block-AC, in Sector-I, of the Northern Salt Lake City, Extension Area under P.S-Salt Lake admeasuring an area of 5.3193 Cottahs was leased out to one Sri Nani Gopal Bhattacharya by executing a registered Indenture by the Governor of the State of West Bengal vide deed of lease dated 29th November, 1980 The possession was handed over to the said lessee on 6th of November, 1981; a certificate being no. 4656 dated

06.11.1981 was issued to that effect.

2. It was stipulated under Clause 2(6) (a) of the lease deed that the less

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